B.
Accessory uses.
(1)
Private garages as regulated by § 310-137, parking in a driveway, except as prohibited by § 310-195, home occupations as defined in this chapter, swimming pools, signs as permitted by Article XXIX, accessory uses as defined in this chapter which are customarily found as accessories to a single-family residence. No accessory structures shall be located in a front yard or within 10 feet of any side or rear lot line.
(2)
The minimum acreage for the keeping of farm animals shall be two acres. The keeping or grazing of farm animals is permitted, provided that there shall be a minimum of two acres for the keeping of the first animal and an additional minimum of one acre for each additional animal. Keeping or maintaining fowl shall require two acres for up to 20 fowl and an additional acre for each additional group of 20 fowl or fraction thereof. If there are animals and fowl both maintained on the same premises, the minimum lot size shall commence at five acres. The keeping of animals shall also be subject to the restrictions set forth in Chapter 145, Article I, Keeping of Animals, of the Code of the Township of Mine Hill.
C.
Conditional uses. The following uses shall be permitted only after review and approval by the Planning Board in accordance with the regulations governing the approval of conditional uses as set forth in Article XXIV:
[Amended 3-6-2014 by Ord.
No. 07-14]
(1)
Public utility structures and essential services;
(2)
Churches and similar places of worship;
(3)
Cluster subdivisions;
(4)
Public schools; and
(5)
Planned age-restricted communities (PARC) in the overlay district
consisting of the following properties in excess of five acres:
[Amended 2-21-2019 by Ord. No. 04-19]
|
Block 202
|
Lot 1
|
|
Block 303
|
Lot 1
|
|
Block 1705
|
Lot 13
|
|
Block 2002
|
Lot 1
|
(6)
Multifamily inclusionary communities (MFIC-1) are permitted
conditional uses on the following property in the Overlay Zone:
[Added 2-21-2019 by Ord.
No. 04-19]
|
Block 2004
|
Lot 1
|
D.
Bulk requirements.
(1)
The SF District bulk requirements shall vary according to the
following classifications:
(2)
Minimum lot area.
(a)
Every residential lot in SF-4 (public water and sewer system) shall
have a minimum area of 20,000 square feet.
(b)
Every residential lot in SF-3 (public sewer only available) shall
have a minimum lot area of 25,000 square feet.
(c)
Every residential lot in the SF-2 (public water only available) shall
have a minimum lot area of 30,000 square feet.
(d)
Every residential lot in the SF-1 (on-site water only and on-site
sewer only available) shall have a minimum lot size of 40,000 square
feet.
(3)
Lot width shall be 100 feet, except that a lot having on-site
water and on-site sewer shall have a width of 150 feet.
(5)
Lots in SF-2, SF-3 and SF-4 shall have two side yards totaling
30 feet, with any side yard being at least 15 feet. Lots in SF-1 shall
have two side yards totaling 40 feet with any side yard being at least
20 feet.
(6)
Rear yard. Lots in SF-4 shall have a rear yard of 25 feet. Lots
in SF-1, SF-2 and SF-3 shall have a rear yard of 35 feet.
(7)
Maximum percent of lot coverage for lots in SF-1 shall be 20%;
lots in SF-2, SF-3 and SF-4 shall be 25%.
(8)
Maximum height: 2 1/2 stories and 35 feet.
E.
Other requirements. (Reserved)
A.
Principal permitted uses.
(1)
Single-family dwellings subject to the same conditions as provided
in the SF Zone.
(2)
Townhouses.
(a)
Purpose.
[1]
The Township of Mine Hill desires to promote concepts of modern
design, construction technology and planning methods as well as advance
and promote the sound growth, land reclamation and general welfare
of the Township; strengthen and sustain its economic potentials; provide
safe, efficient economic delivery of municipal services; establish
appropriate patterns for the distribution of population in a variety
of accommodations, coordinated with the protection and enhancement
of natural beauty and resources, and in harmony with their surroundings,
both within and without the Township; and provide a variety of housing
types associated to the age and income levels of residents.
[2]
In order to carry out the foregoing and to locate such developments
upon the most suitable land in view of environmental constraints and
the extent of mined land, and in order to insure that sound planning
goals are met for the potential use of the land and to prevent piecemeal
and disorderly development of large tracts of ground within the Township;
to protect existing uses and to insure provisions for light, air and
open space and the prevention of overcrowding of land or buildings;
to secure the health, morals and general welfare and for the better
securing of adequate municipal, utility and other necessary functions,
the following criteria and procedures for multifamily developments
are established.
(b)
General location. Multifamily developments shall be located
in relation to water lines, storm and surface drainage systems, sanitary
sewers (if available) and other utility systems and installations.
Multifamily developments shall also be located with respect to necessary
public facilities (as for example schools, parks and playgrounds)
as to have reasonable access to such facilities.
C.
Conditional uses. The following uses shall be permitted only after review and approval by the Planning Board in accordance with regulations governing the approval of conditional uses as set forth in Article XXIV:
D.
Bulk requirements.
(1)
Minimum lot size: 10 acres.
(2)
Minimum lot width: 300 feet.
(3)
Required front yard: 75 feet from a public street or 20 feet
from a private street.
(4)
Side yards must total 80 feet, and any one side yard may be
40 feet.
(5)
Rear yard: 60 feet.
(6)
Space between buildings: 50 feet.
(7)
Maximum lot coverage: 60%.
(8)
Building height: 2 1/2 stories and 35 feet.
E.
Other requirements for townhouses.
(1)
Site considerations.
(a)
The site shall be suitable for development in the manner proposed,
without hazards to persons or property, on or off the tract, from
probability of flooding, erosion, cave-ins, subsidence or slipping
of the soil, or other dangers, annoyances, or inconveniences. Condition
of soil, groundwater level, drainage and topography shall all be appropriate
to both kind and pattern of use intended.
(b)
Projects submitted for the exclusive use of condominium ownership
shall not be considered lots and shall not require subdivision approval.
(2)
Project densities.
(a)
The maximum permitted net project area density as a matter of
right in all planned developments shall be as shown in the following
Table 2, subject to compliance with other public health and safety
standards, including, but not limited to, sewage disposal, potable
water availability and quality, steep slopes, etc.:
|
Table 2
| |||
|---|---|---|---|
|
Gross Project Density
(residential units per acre)
| |||
|
PRD Class Townhouse
| |||
|
On-Site Sewer and Water
|
Public Water Only
|
Public Water and Sewer
| |
|
0
|
3.0
|
6.0
| |
(b)
Bedroom mix. The distribution of bedrooms per dwelling unit
for multifamily dwelling units shall be in accordance with the following
schedule:
|
Townhouse Size
| |||
|---|---|---|---|
|
1 Bedroom
|
2 Bedrooms
|
3 Bedrooms
| |
|
2% to 20%
|
20% to 80%
|
10% to 30%
| |
(3)
Accessory uses. Accessory uses which are customarily incidental
to said use, such as but not limited to the following, shall be permitted
on the same lot:
(4)
Minimum floor area. No dwelling unit shall have a floor area
less than 800 square feet. No two- or more bedroom dwelling unit shall
have a floor area of less than 950 square feet.
(5)
Minimum bulk requirements. A townhouse dwelling lot shall have
a minimum total lot area of 2,000 square feet and a minimum lot width
of 20 feet. The minimum width of the end lot in a townhouse row shall
be 30 feet and a minimum lot area of 3,000 square feet.
(6)
Spacing requirements. No townhouse dwelling structure shall
have more than four contiguous townhouse dwelling units located on
the same setback line and at least four and not more than eight dwelling
units in a townhouse dwelling structure. Furthermore, there shall
be a minimum of 50 feet between structures.
(7)
Recreational requirements. See § 310-168E(3) for recreational requirements.
(8)
Patios. Each townhouse dwelling unit shall have an individual
private patio area of not less than 300 square feet in size, having
no single dimension of less than 25 feet, and shall be designed for
the recreational use of the occupants of the dwelling unit. Adequate
visual screening from neighboring dwelling units, patios, adjacent
parking areas and roadways shall be provided which may consist of
plantings, masonry structures or wood fencing. Architectural elements
such as masonry walls and fences shall be compatible in both style
and materials with the dwelling unit of which it is a part.
(9)
Minimum off-street parking requirements. Two spaces shall be
required per unit, one of which shall be in a garage. No off-street
parking lots shall contain more than 20 contiguous spaces without
providing a landscaped area to separate parking sections.
(10)
Driveways. Driveways leading to garages shall not be computed
as a parking space for compliance with the provision of this subsection.
(11)
Access. No townhouse may have direct access onto a public right-of-way.
(12)
Buffers. All townhouse developments shall provide a fifty-foot-wide
buffer area in the front yard or abutting a public right-of-way.
(13)
Additional parking. A minimum of 1.5 off-street parking spaces,
including garages, shall be required for each dwelling unit. An additional
number over and above these required spaces shall be provided as off-street
visitor parking spaces which shall comply in all other respects with
other standards of this subsection so that the total parking provided
shall be two spaces for each dwelling unit.
(a)
Each parking area shall contain no more than 50 vehicle spaces
and shall be adequately lighted either with wall mounted or post-mounted
ornamental fixtures.
(b)
No off-street parking spaces or detached garages shall be located
closer than seven feet to the principal building and no principal
building shall have off-street parking areas on all sides of the building.
(c)
No off-street parking area shall be located closer than 10 feet
to a side or rear property line.
(14)
Garages. If garages are provided, they shall have a floor space
area of not less than 240 square feet and such a garage may be built
into the dwelling structure or separately constructed as herein provided.
Each group of attached garages shall be no more than one story in
height. The architectural design and materials used in the construction
thereof shall conform to the design and building materials used in
the construction of other buildings and structures. No part of any
garage or other accessory building shall be used for living purposes.
(15)
Minimum size of recreational areas.
(a)
The following recreational requirements shall be met and developed
with facilities suitable to serve the residents of the dwelling units.
Said facilities shall be located so as not to be detrimental to adjacent
property owners by virtue of noise, light, glare and any other objectionable
features emanating therefrom:
[1]
Minimum size of any one recreational area shall
be 10,000 square feet; however, no accessory structure shall be placed
in the front yard setback area.
[2]
Five percent of the gross area shall be developed
for recreational purposes for projects up to 10 acres.
[3]
Eight percent of the gross area shall be developed
for recreational purposes for projects up to 20 acres.
[4]
Ten percent of the gross area shall be developed
for recreational purposes for projects over 20 acres.
(b)
The recreational areas and the open space related to these recreational
areas may be offered to the Township for dedication, having the Township
reserve the right to reject such offer.
(16)
Landscaping, lighting and solid waste enclosures.
(a)
All multifamily developments shall be provided with professionally designed and executed landscaping. Areas not utilized for parking areas, driveways, streets and roads, recreational facilities, patios or terraces shall be provided with lawns or other suitable growing ground cover, trees and shrubs. Evergreen screening shall be provided in appropriate areas as set forth in §§ 310-77, 310-79 and 310-85; screening to be no less than four feet high when planted. In addition, the Planning Board may, if conditions warrant, require supplemental screening by a solid fence up to six feet in height and/or landscaping.
(b)
All multifamily developments shall provide a fifty-foot-wide
landscaping screen, with earth berms or combination thereof, within
the front yard setback area of the lot. The Planning Board may require,
however, that the buffer area be maintained in its natural state if
the existing vegetation is uniquely suited as a landscaping screen.
(c)
Shade trees shall be provided along walks, driveways, parking
areas, streets, and roads. They shall be planted at a minimum of 50
feet apart, of a species approved by the Township Planner or Environmental
Commission if required, and be 2 1/2 inches in caliper; balled
and burlapped when installed.
(d)
Lighting shall be provided every 150 feet apart along streets,
driveways and in parking areas.
(e)
Solid waste enclosures shall be constructed of a similar material
and in a similar design to the structure to which it serves.
(18)
Services. No outside area or equipment shall be provided for
hanging of laundry or the outside airing of laundry in any manner.
Sufficient area and equipment shall be made available within each
building for the laundering and artificial drying of laundry of the
occupants of each building. Waste materials and garbage must be privately
disposed of by a method approved by the Township.[1]
(19)
Site plan review. Before any building permit shall be issued,
site plan approval shall be granted. The site plan shall comply with
all provisions and regulations of this subsection.
(20)
Vehicular circulation. Streets, drives, parking and service
areas shall provide safe and convenient access to dwelling units and
project facilities and for service and emergency vehicles but streets
shall neither be so laid out as to encourage outside traffic to traverse
the multifamily development on minor streets nor occupy more land
than is required to provide required access nor create unnecessary
fragmentation of the PRD into smaller blocks. In general, block size
shall be the maximum consistent with use and shape of the site and
the convenience and safety of the occupants.
(21)
Pedestrian and cyclist circulation.
(a)
Concrete walkways shall form a logical, safe and convenient
system for pedestrian access to all dwelling units, project facilities
and principal off-site pedestrian destinations and shall be a minimum
four feet in width. Where appropriate, bikeways may be provided instead
of sidewalks. Provision of bikeways along streets shall be made upon
determination and requirement of the Planning Board.
(b)
Maximum walking distance in the open between dwelling unit and
parking spaces, delivery areas and trash and garbage storage areas
intended for use of occupants shall normally not exceed 200 feet.
Walkways to be used by substantial numbers of children as play areas
or routes to school or other destinations shall be so located and
safeguarded as to minimize contacts with normal automotive traffic.
If substantial bicycle traffic is anticipated, bicycle paths shall
be incorporated in the circulation system.
(c)
Street crossings shall be held to a minimum on the walkways,
shall be located and designed to provide safety and shall be appropriately
marked and otherwise safeguarded. Walkways may be combined with other
easements and used by emergency or service vehicles but shall not
be used by other automotive traffic.
(22)
Aesthetic considerations. A multifamily development shall provide
for safe, efficient, convenient and harmonious groupings of structures,
uses and facilities. Natural features such as lakes, rocks, outcrops,
streams, topsoil, trees, and shrubs shall be preserved and incorporated
into the landscaping and site layout of the PRD to the maximum extent
feasible. All multifamily structures should be arranged in small identifiable
groups or clusters particularly where such structures adjoin public
areas or open space. Buildings shall be so located and oriented as
to interfere as little as is reasonably practicable with principal
views from other residential districts or from important public viewpoints.
(23)
Staging.
(a)
The number of dwelling units and square footage of nonresidential
uses which may be constructed by the developer during any year may
be regulated by the Planning Board at a rate so as not to create excessive
demands on any municipal facility or service available to serve the
areas proposed for development. Such development as may be allowed
pursuant herein shall be controlled by means of the issuance of building
permits at a rate allowed by the Planning Board at time of preliminary
approval, based upon the projected development.
(b)
All existing development upon completion of each approved stage
shall be substantially self-functioning and self-sustaining with regard
to traffic circulation, access, utility services, off-street parking
and loading, open space and other PRD requirements.
C.
Conditional uses. The following uses shall be permitted only after review and approval by the Planning Board in accordance with regulations governing the approval of conditional uses set forth in Article XXIV:
D.
Bulk requirements.
(1)
Minimum lot size: 10 acres.
(2)
Minimum lot width: 300 feet.
(3)
Required front yard: 75 feet from a public street or 20 feet
from a private street.
(4)
Side yards must total 80 feet, and any one side yard may be
40 feet.
(5)
Rear yard: 60 feet.
(6)
Space between buildings: 50 feet.
(7)
Maximum lot coverage: 60%.
(8)
Building height: 2 1/2 stories and 35 feet.
E.
Other requirements.
(1)
Project densities.
(a)
The maximum permitted townhouse and stack dwelling units per
acre for this zone shall be four dwelling units per gross acre, provided
that development projects for townhouse and stacked units shall be
served by central water and central sewer facilities as approved by
the NJ DEP. Single-family units are permitted under the same standards
provided in the Single-Family (SF) Zone. A maximum of 800 dwelling
units shall be permitted on the entire tract herein designated as
the TH-1 Zone.
(b)
The distribution of housing type for the development maximum
of 800 dwelling units shall be in accordance with the following schedule:
|
Use Class
|
Townhouse
|
Stacked
|
Single-Family
| |
|---|---|---|---|---|
|
TH-1 Residential Townhouse
|
25% to 95%
|
0% to 60%
|
5% to 25%
|
(c)
Nothing herein shall be construed to require development of
more than one class of dwelling units or any further development beyond
the maximum permitted number of units of each class.
(d)
The distribution of bedrooms per dwelling unit for multifamily
units shall be in accordance with the following schedule:
|
Use Class
|
1 Bedroom
|
2 Bedrooms
|
3 Bedrooms
| |
|---|---|---|---|---|
|
TH-1 Townhouse
|
0% to 40%
|
10% to 40%
|
0% to 10%
| |
|
TH-1 Stacked (lower level)
|
50% to 65%
|
35% to 90%
|
0% to 15%
| |
|
TH-1 Stacked (upper level)
|
0% to 40%
|
10% to 90%
|
0%
|
(2)
Development standards.
(a)
No accessory structure shall be permitted in the minimum required
front yard setback area except fences, mailboxes, driveways and similar
structures.
(b)
A one-bedroom multifamily unit shall have a minimum livable
floor area of 650 square feet. A two-bedroom unit shall have a minimum
livable floor area of 800 square feet. A three-bedroom unit shall
have a minimum livable floor area of 975 square feet.
(c)
Where applicable, any fee ownership of townhouse lot shall have
a minimum total lot area of 2,000 square feet and a minimum lot width
of 20 feet per unit. The minimum lot width of the end unit in a building
row shall be 30 feet and have a minimum lot area of 3,000 square feet.
(d)
No structure shall have more than four contiguous dwelling units
located along a single building line. Each structure shall have at
least four and not more than 16 dwelling units total.
(e)
There shall be a minimum distance between structures and between
structures and property lines. This minimum distance shall be as follows:
[1]
Windowless wall to windowless wall: 20 feet.
[2]
Window wall to windowless wall: 30 feet.
[4]
Any building face to new right-of-way: 25 feet.
[5]
Any building face to existing right-of-way, collector, or arterial
road: 25 feet.
[6]
Front building face to common parking area: 20 feet.
[7]
Rear of side building face to common parking area: 15 feet.
[8]
Any building face to existing property line of a Single-Family
Zone: 75 feet.
[9]
Any building face to existing property line of a nonresidential
zone: 25 feet.
(f)
Each fee simple townhouse lot shall have an individual private
patio area of not less than 200 square feet in size and shall be designed
for the use of the occupants of the dwelling unit. Adequate visual
screening from neighboring dwelling units, patios, adjacent parking
areas and roadways shall be provided which may consist of plantings,
masonry structures or wood fencing. Architectural elements such as
masonry walls and fences shall be compatible in both style and materials
with the dwelling unit of which it is a part.
(g)
Minimum off-street parking requirements.
[1]
One-bedroom unit: 1.5 parking spaces per unit.
[2]
Two-bedroom unit: 2.0 parking spaces per unit, one of which
shall be in a garage, except in such cases where good cause is shown
to the satisfaction of the Planning Board to allow an exception from
the said garage requirement.
[3]
Three-bedroom unit: 2.25 parking spaces per unit, one of which
shall be in a garage except in such cases where good cause is shown
to the satisfaction of the Planning Board.
[4]
Parking for commercial uses shall be as provided in the C Zone.
[5]
Parking for single-family uses shall be as provided in the Single-Family
Zone.
[6]
No off-street parking lots shall contain more than 20 contiguous
spaces without providing a landscaped area to separate parking sections.
(h)
No common off-street parking spaces shall be located closer
than seven feet to the principal structure, and no principal structure
shall have off-street parking areas immediately adjacent to all sides
of the structure.
(i)
Garages shall have a floor space area of not less than 240 square
feet, and such a garage may be built into the dwelling structure or
separately constructed. Groups of attached garages shall be of no
more than one story in height. The architectural design and materials
used in the construction thereof shall conform to the design and structure
materials used in the construction of other structures. No part of
any garage or other accessory structure shall be used for living purposes.
(j)
Driveways leading to garages shall not be computed as a parking
space unless an additional 25% above the total required number of
parking spaces is provided in common parking areas.
(k)
No single-family or townhouse private driveway may have direct
access onto a public right-of-way existing at the time this chapter
is enacted.
(l)
The structure length shall be limited to 200 feet.
(m)
In all cases, dwelling units shall be designed to have the outside
appearance of a single-dwelling unit lying in a vertical plane and
not appear as one unit located above another unit. This may require
that the design incorporate one front shared access to service two
or more dwelling units.
(n)
All developments shall provide a seventy-five-foot-wide buffer
area surrounding the perimeter of the tract where the common property
line abuts a residential zone; however, a buffer will not be required
where a single-family use abuts a Single-Family Zone. The required
buffer shall be reduced to 25 feet where the common property line
abuts a nonresidential zone.
(o)
There shall be no parking and no structures permitted in the
required perimeter buffer area other than access roads and utilities.
(p)
Landscaping, lighting and solid waste enclosures. The application shall provide professionally designed and executed landscaping for the project. Areas not utilized for parking areas, driveways, streets and roads, recreational facilities, patios or terraces shall be provided with lawns or other suitable ground cover, trees and shrubs, or left undisturbed and preserved. Evergreen screening shall be provided in appropriate areas as set forth in Article XX; screening to be no less than four feet high when planted. In addition, the Planning Board may require supplemental screening by a solid fence up to six feet in height and/or landscaping.
[1]
The project shall provide a fifty-foot-wide landscaping screen,
with fences, earth berms or combination thereof, within the buffer
area. The Planning Board may require, however, that the buffer area
be maintained in its natural state if a site inventory of existing
vegetation reveals that the existing vegetation is suited as a landscaping
screen.
[2]
Shade trees shall be provided along streets and roads. Appropriate
species shall be planted at a minimum of 50 feet apart.
(q)
Lighting shall be provided every 150 feet apart along streets,
driveways and in parking areas.
(r)
Solid waste enclosures shall be constructed of a similar material
and in a similar design to the structure to which it serves. Waste
materials and garbage must be disposed of by a method approved by
the Township.
(s)
No outside area or equipment shall be provided for hanging of
laundry or the outside airing of laundry in any manner.
(t)
Pedestrian and cyclist circulation.
[1]
Concrete walkways are required and shall form a logical, safe
and convenient system for pedestrian access to all dwelling units,
project facilities and principal off-site pedestrian destinations
and shall be a minimum four feet in width. Where appropriate, bikeways
may be provided instead of sidewalks. Provision of bikeways along
streets may be made upon determination and requirement of the Planning
Board.
[2]
Maximum walking distance between any structure with dwelling
units and parking spaces, delivery areas and trash and garbage storage
areas intended for use of occupants shall normally not exceed 200
feet. Walkways to be used by substantial numbers of children as play
areas or routes to school or other destinations shall be so located
and safeguarded as to minimize contacts with normal automotive traffic.
[3]
Street crossings shall be held to a minimum on the walkways,
shall be located and designed to provide safety and shall be appropriately
marked and otherwise safeguarded. Walkways may be combined with other
easements and used by emergency service vehicles but shall not be
used by other automotive traffic.
(u)
Aesthetic considerations. The development shall provide for
safe, efficient, convenient and harmonious groupings of structures,
uses and facilities. Natural features such as lakes, rocks, outcrops,
streams, topsoil, trees, and shrubs shall be preserved and incorporated
into the landscaping and site layout of the development to the maximum
extent feasible. All structures should be arranged in small identifiable
groups or clusters particularly where such structures adjoin public
areas or open space. Structures shall be so located and oriented as
to interfere as little as is reasonably practicable with principal
views from other residential districts or from important public viewpoints.
(3)
Open space; recreation.
(a)
A minimum of 30% of the required acreage of the tract (based
on density) shall be dedicated to open space. No more than 50% of
said required open space shall be of lands which exhibit slopes in
excess of 25%, floodplain, floodway, wetland, wetland transition area
characteristics, mining areas not rendered safe for occupancy or use.
(b)
Active recreational areas shall not be located over areas which
have not been rendered safe pursuant to this chapter.
(c)
A minimum of 30% of the lands required to be dedicated for open
space shall be devoted to active recreation, including such facilities
as playgrounds, walking trails and tennis courts. All recreational
facilities must meet the requirements established by the Americans
With Disabilities Act.[1]
[1]
Editor's Note: See 42 U.S.C. § 12101 et seq.
(d)
In order to provide flexibility in design, should the proposed
development consist of a number of stages, the Board may require that
acreage proportionate in size to stage being considered for final
approval be set aside simultaneously with the granting of final approval
for that particular stage, even though these lands may be located
in a different section of the overall development.
(e)
Passive and active recreational areas may be offered to the
Township or dedicated to a homeowners' organization or trust and incorporated
in the bylaws. If these recreational areas are not dedicated and accepted
by the Township, the landowner shall provide for and establish an
open space organization or trust for the ownership and maintenance
of all the common lands. Such organization or trust shall not be dissolved,
nor shall it dispose of any common lands by sale or otherwise.
(f)
If the applicant proposes that the recreational areas within
the common lands be dedicated to the Township, the Board shall forward
such request with its recommendation to the Township Council prior
to the granting of preliminary site plan approval of any development
application containing such recreational lanes.
(g)
All lands not offered to and/or not accepted by the Township
shall be owned and maintained by a homeowners organization or trust
as provided in N.J.S.A. 40:55D-43 and stipulated herein.
(h)
In the event that the organization created for common lands
and/or recreational land management shall fail to maintain any common
land or recreation area in a reasonable order and condition in accordance
with the approved site plan, the Township may serve notice upon such
organization or upon the owners of the development, setting forth
the manner in which the organization has failed to maintain such areas
in a reasonable condition. Said notice shall include a demand that
such deficiencies of maintenance must be cured within 30 days thereof
and shall be held within 15 days of the notice. At such hearing, the
Township may modify the terms of the original notice as to deficiency
and may give an extension of time not to exceed 65 days within such
time the deficiency shall be cured.
[1]
If the deficiency set forth in the original notice or in the
modification thereof shall not be cured within said 30 days or any
extension thereof, the Township, in order to preserve the common lands
and/or recreational land and maintain the same for the period of one
year, may enter upon said lands and maintain same. Said entry and
said maintenance shall not vest the public in any rights to use the
recreation areas except when same is voluntarily dedicated to the
public by the owners.
[2]
Before the expiration of said year, the Township shall upon
its initiative or upon the request of the organization theretofore
responsible for the maintenance of said areas, call a public hearing
upon 15 days written notice to such organization and to the owners
of the development to be held by the Township, at which hearing such
organization and owners of the development shall show cause why such
maintenance by the Township shall not, at the election of the Township,
continue for a succeeding year. If the Township shall determine such
organization is not ready and able to maintain said recreation areas
in reasonable condition, the Township may, in its sole discretion,
continue to maintain said common lands and/or recreation areas during
the next succeeding year and subject to a similar hearing, a determination
in each year thereafter. The position of the Township in any case
shall constitute a final administrative decision subject to judicial
review.
[3]
The cost of such maintenance by the Township shall be assessed
pro rata against the properties within the development that have a
right of enjoyment of the common lands and/or recreational land in
accordance with the assessed value at the time of imposition of the
lien and shall become a lien and tax on said properties and be added
to and be a part of the taxes to be levied and assessed thereon, and
enforced and collected with interest by the Township in the same manner
as other taxes.
[4]
Any common land organization or trust initially created by the
developer shall clearly describe, in its bylaws, the rights and obligations
of the homeowners and tenants in the residential development, and
the Articles of Incorporation of the organization shall be submitted
for review by the Board prior to the granting of final approval by
the Township.
D.
Mandatory set-asides/comprehensive development required.
(1)
Subdivision and site plan approval for developments within the
RAH District shall be denied, unless the developer complies with the
obligation to provide affordable housing pursuant to this article,
except that improvements to agricultural operations shall be exempt
from the provisions of this article.
(2)
Up to 20% of the units in each development shall be set aside
and made available at prices qualifying the units at low-income and
moderate-income units. Of those units, 50% shall be low-income units
and 50% shall be moderate-income units, except that the Planning Board,
upon recommendation of the Mine Hill Housing Board, may modify this
requirement when financial and other factors make this infeasible.
(3)
The RAH Zoning District shall be developed pursuant to a comprehensive
development plan for no less than the entire tract, and no approval
shall be granted for any preliminary development application for less
than the entire tract.
(4)
No lot within an RAH Zoning District may be subdivided even
if no improvements are proposed thereto, unless a declaration of covenants
and restrictions showing how the entire tract will be developed in
compliance with the requirements of this article is approved by the
Planning Board and filed with the County Clerk. All owners of the
subdivided lots shall be bound by such declaration unless they jointly
submit a development application covering the entire district and
complying with all the requirements of this chapter.
E.
Provisions applicable to low- and moderate-income units. The following
provisions shall apply to low- and moderate-income units provided
pursuant to this article:
(1)
Compliance with requirements pertaining to the low and moderate-
income units; applicant's agreement with respect to compliance. The
applicant shall offer low- and moderate-income units for sale in the
manner prescribed in this article and in the implementing regulations
of the Mine Hill Township Housing Board and to otherwise comply with
the requirements of this article and shall include in the written
agreement required by this chapter.
(2)
Minimum percentage of low- and moderate-income units required.
Fifty percent of units provided by each applicant shall be low-income
units and 50% shall be moderate-income units, except that the Planning
Board, upon recommendation of the Mine Hill Township Housing Board,
may modify this requirement when financial or other factors make this
infeasible.
(3)
Sighting of the low- and moderate-income units. The low- and
moderate-income units shall be situated so as not to be positioned
in less desirable locations than the other units in the development
and shall be no less accessible to the common open space, public facilities,
public transportation, and shopping facilities than the other units.
(4)
Number of bedrooms in the low- and moderate-income units.
(a)
The bedroom mix of the low- and moderate-income units shall
reasonably reflect the distribution of household sizes in the low-
and moderate-income population in the region as determined by the
Mine Hill Township Housing Board, except that the Planning Board,
upon the recommendation of the Mine Hill Township Housing Board, may
modify this requirement in light of the location and nature of the
development, the existing need, and the bedroom mix of other low-
and moderate-income units in the Township.
(b)
New construction units for low- and moderate-income families
shall conform to the requirements for bedroom mix at the following
bedroom distribution schedule for the low- and moderate-income units
as prescribed by COAH:
(c)
It is the intention of the Township to seek a 50-50 proportion
between low-income and moderate-income families for these units.
(5)
Minimum floor areas of the low- and moderate-income units.
(a)
The design of low- and moderate-income units shall exceed the
Minimum Property Standard published by the United States Department
of Housing and Urban Development. In addition, minimum floor area
for lower income units shall be as follows:
(b)
Further provided, however, that the Planning Board may reduce
the minimum floor area required if the unit design can be shown to
meet or exceed reasonable habitability and health standards.
(6)
Provision of the low- and moderate-income units when developed
in stages.
(a)
The low- and moderate-income units shall be constructed in tandem
with the non-lower-income units according to the following schedule:
|
Non-Low- and Moderate-Income Unit
(percentage)
|
Low- and Moderate-Income Unit
(percentage)
| |
|---|---|---|
|
Up to 25%
|
0% (none required)
| |
|
25% +1 unit
|
At least 10%
| |
|
Up to 50%
|
At least 25%
| |
|
Up to 75%
|
At least 50%
| |
|
75% + 1 unit
|
At least 75%
| |
|
Up to 90%
|
100%
|
(b)
The schedule shall refer to the issuance of the certificates
of occupancy by the Township Building Official.
(7)
Calculation of number of units. If the number of low- and moderate-income
units to be provided includes a fraction, the number shall be rounded
up. If the number of non-low- and moderate-income units permitted
includes a fraction, the number shall be rounded down.
F.
Revocation and withholding of permits. In the event that the applicant
does not construct and sell the low- and moderate-income units in
accordance with its approved development plan and the terms within
this chapter, the development enforcement officer shall revoke the
development permit or development certificates of occupancy and withhold
the issuance of subsequent development certificates of occupancy until
the development is brought into compliance.
G.
Applications for preliminary approval. In addition to the requirements
regulating applications for preliminary approval, the following information
shall be shown on or shall accompany the application for preliminary
approval:
(1)
If the development is to include low- or moderate-income units,
data on or accompanying the preliminary plat showing which dwellings
are to be low-income units, and which are to be moderate-income units,
and describing the location, floor area and layout of the low- and
middle-income units and of the other units.
(2)
In the case of a development which contemplates construction
in phases, a staging plan setting forth the applicant's plan for phasing
the development.
(3)
The applicant shall submit with the application for development
a narrative description of the mechanism to be used to insure that
the required affordable dwelling units are sold only to low- and moderate-income
households and that such units will continue to be occupied by low-
and moderate-income households for a period not less than 30 years.
In addition to such description, actual samples of language to be
included in the nature of covenants shall be submitted. The submitted
description shall indicate the entity or entities responsible for
monitoring the occupancy of the low- and moderate-income units and
shall provide a detailed discussion concerning resales, permitted
increases in price, prequalification of occupants and other relevant
considerations.
(4)
Such other information as may be required by the Planning Board
for purposes of determining the applicant's compliance with the requirements
of this article.
H.
Applications for final approval. In addition to the requirements
regulating applications for final approval, the following information
shall be shown or shall accompany the application for final approval:
(1)
A written agreement approved by the Township Attorney in which
the applicant agrees to construct no less than the number of low-
and moderate-income units required by the terms of the preliminary
approval and to comply with the provisions of this article pertaining
to such units. The agreement shall specify the number, type, floor
area, number of bedrooms, and location of any low- and moderate-income
units. It shall also contain a detailed plan for staging construction
of all dwelling units in the development. The agreement shall be in
recordable form and shall be signed by the applicant and by any other
persons whose signatures or consents are required in order to impose
these obligations as an affirmative covenant running with the land.
The agreement shall be recorded in the office of the County Clerk,
and a copy of the recorded agreement certified by the County Clerk
shall be furnished to the Township by and at the cost and expense
of the applicant after the approval of the final plat. The terms of
the agreement may not be modified except with the approval of the
Planning Board granted after a public hearing.
(2)
A declaration of covenants and restrictions duly executed in
final and recordable form, subject to and in accordance with the terms
of the preliminary approval, including provisions to assure that any
low- and moderate-income units will be initially sold in accordance
with the requirements of the division as implemented by the Mine Hill
Township Housing Board and imposing covenants and restrictions running
with those units to assure that subsequent resale or rental will also
be subject to the requirements of this section as implemented by the
Planning Board. The declaration shall also specify by reference of
the final plat and, if applicable, the master deed the units or lots
which are to be subject to these restrictions. The declaration shall
be recorded in the office of the County Clerk, and a copy of the recorded
declaration certified by the County Clerk shall be furnished to the
Township by and at the cost and expense of the applicant after the
approval of the final plat.
I.
Mine Hill Township Housing Board. The Mine Hill Township Housing Board was created together with the RAH Residential Affordable Housing District by Ordinance No. 435-90, approved July 26, 1990. The provisions relating to the creation and powers of this Board are set forth in § 7-79, Housing Board, of this Code.
[Added 2-21-2019 by Ord.
No. 04-19]
B.
Accessory uses.
(1)
Streets, roadways and driveways.
(2)
Off-street surface parking and attached or detached garages.
(3)
Sanitary sewer pump stations.
(4)
Stormwater management facilities.
(5)
Site identification signs.
(6)
Trash enclosures.
(7)
Site utilities.
(8)
Construction office and/or trailer for the duration of the construction
of the project.
(9)
Recreational facilities and uses including walking paths, recreational
furniture, exercise facilities, tot lots, and other recreational facilities
typically associated with a multifamily residential development.
(10)
Community mailboxes.
(11)
Other uses customarily incidental and accessory to a multifamily
residential development.
C.
Minimum tract size: five acres.
D.
Maximum density. The RAH-2 District shall permit a maximum of 60
multifamily dwelling units.
E.
Affordable housing requirements.
(1)
The applicant shall provide for a 20% inclusionary component
for very-low-, low- and moderate-income households. All affordable
units shall comply with the Township's Affordable Housing Ordinance,
the Uniform Housing Affordability Controls (UHAC), applicable COAH
affordable housing regulations including but not limited to phasing
and bedroom distribution requirements, any applicable order of the
Court, and other applicable laws.
(2)
Affordable units shall be integrated with the market-rate units.
(3)
All affordable units shall be family rentals. The market-rate
units may be for sale or for rent.
(4)
All affordable units shall be subject to deed restrictions on
income limits for a period not less than 30 years.
F.
Area, yard, bulk and architectural requirements. The following are
the area, yard, bulk and architectural requirements:
(3)
Accessory structure building height: Accessory structures shall comply with the height requirements outlined in § 310-132 of the Land Use Ordinance.
G.
Additional requirements for RAH-2 communities. The following requirements
shall not be considered to be use requirements, and relief therefrom
shall not require 'c' or 'd' variances from the Planning Board:
(1)
Parking requirements:
(a)
Parking for the apartment units shall be provided in accordance
with the requirements in the Residential Site Improvement Standards
(N.J.A.C. 5:21-4.14 et seq.).
(b)
Parking stalls for guests and visitors must be provided in addition to that required under Subsection G(1)(a) above. Guest and visitor parking shall be provided at a rate of 0.2 parking stalls per apartment unit.
(c)
Off-street surface parking areas shall be setback from the tract
boundary at least 40 feet.
(d)
Off-street surface parking areas facing external property lines
shall be screened with landscape materials to prevent headlight glare
from projecting off-site.
(2)
Permitted signage:
(a)
One monument sign adjacent to the site entrance at Hurd Street
identifying the name of the development is permitted.
(b)
The total area of the monument sign, including the sign face,
shall be limited to 32 square feet.
(c)
The height of the sign shall not exceed eight feet above grade.
(d)
Monument signs shall be set back a minimum of 10 feet from the
Hurd Street right-of-way line and not be located within any sight
triangles established at the intersection of the entrance road with
Hurd Street.
(e)
Monument signs shall be set back from sidelines a minimum of
25 feet.
(f)
Monument signs may be lit, but only in compliance with the requirements in § 310-236 of the Land Use Ordinance.
(g)
Directional signage and street signage within the site is permitted
if approved by the Planning Board as part of the site plan review.
(h)
Building signage identifying the building name or number and/or
the addresses of units within the building are permitted if approved
by the Planning Board as part of the site plan review.
(i)
Temporary sales signage is permitted during the construction
period within the site if approved by the Planning Board as part of
the site plan review. Temporary signage must be shown on the site
plan submitted to the Planning Board for the project.
(4)
Landscaping:
(a)
The application shall include professionally designed and executed
landscaping for the project.
(b)
Landscaping shall include shade trees, flowering trees and shrubs,
evergreens, decorative grasses, annual and perennial flowering plants,
ground covers and lawns.
(c)
Shade trees shall be provided along external streets and internal
roadways and parking areas.
(d)
Appropriate shade tree species shall be planted at a maximum
spacing of 50 feet.
(e)
Tree spacings may be modified to accommodate utilities, lighting,
drainage facilities, rock outcroppings and other similar features.
(f)
Areas not utilized for parking areas, driveways, streets and
roads, recreational facilities, patios or terraces shall be provided
with lawns or other suitable ground cover, trees and shrubs, or left
undisturbed and preserved in its natural vegetative state.
(5)
Buffer requirements:
(a)
The need for any buffers between buildings and site improvements
and the external property lines shall be determined during site plan
review. The minimum width of any buffer determined to be required
by the Planning Board shall be 25 feet.
(b)
Proposed buffer plantings, if required, shall be arranged in
a natural staggered pattern and shall not be lined up in straight,
single rows. Buffer plantings may include deciduous and evergreen
trees and shrubs, flowering plants, lawns and groundcovers.
(c)
The Planning Board may require, however, that the buffer area
be maintained in its natural state if a site inventory of existing
vegetation reveals that the existing vegetation is suitable as a landscaping
screen.
(6)
Lighting requirements:
(a)
The location, spacing and quantity of site lighting provided
shall be that which is necessary to meet the lighting area standards
described herein.
(b)
Where located along roads and driveways, lighting shall be provided
at a maximum spacing of 150 feet apart.
(c)
The spacing of the lighting may be modified to accommodate utilities,
drainage facilities, rock outcroppings and other similar features.
(d)
Low-pressure sodium or mercury vapor lighting is prohibited.
(e)
Road and parking area lighting shall comply with the following
standards:
[1]
All parking areas and walkways thereto and appurtenant
passageways and driveways serving commercial, public, office, multifamily
housing or other uses having common off-street parking and/or loading
areas shall be adequately illuminated for security and safety purposes.
The lighting plan in and around the parking areas shall provide for
nonglare lights. The light intensity provided at ground level should
be indicated in footcandles on the submitted site plans, and should
be maintained at a minimum level of at least 0.5 footcandles at intersections,
and 0.3 footcandles elsewhere to be illuminated. Lighting shall be
provided by fixtures with a mounting height not more than 25 feet
or the height of the building, whichever is less, measured from the
ground level to the centerline of the light source.
[2]
Any outdoor lighting, such as building and sidewalk
illumination, driveway illumination, and the lighting of signs and
ornamental lighting, shall be shown on the lighting plan in sufficient
detail to allow a determination of the effects upon adjacent properties
and traffic safety. The objectives of these specifications is to minimize
undesirable off-premises effects. No light shall shine into windows
or onto streets and driveways in such a manner as to interfere with
or distract driver vision. To achieve these requirements, the intensity
of such light sources, the shielding of lights and similar characteristics
shall be subject to site plan approval.
[3]
No lighting fixtures shall be within 10 feet of
the property line, except at entrances and along walkways.
(7)
Roadways, driveways and parking area requirements:
(a)
Roadways, driveways, and surface parking areas shall comply
with the requirements in the Residential Site Improvement Standards
(N.J.A.C. 5:21-4 et seq.).
(b)
Primary access to and from the apartment development shall be
from Scrub Oak Road.
(c)
Sidewalks shall be constructed on at least one side of each
roadway and parking area within the development. The minimum width
of all sidewalks shall be four feet. Curb ramps that comply with applicable
accessibility guidelines shall be installed at all intersections where
sidewalks intersect with roadways.
(8)
Architectural requirements:
(a)
Where an apartment building has a length along any plane that
exceeds 100 feet, there shall be at least two setback changes along
the facade equal to or exceeding 1.5 feet. Where an apartment building
has a length along any plane that exceeds 150 feet, there shall be
at least three setback changes along the facade equal to or exceeding
1.5 feet. Apartment buildings that have a length along any plane exceeding
200 feet shall have four setback changes along the facade equal to
or exceeding 1.5 feet.
(b)
Wall offsets, where required, shall include projections such
as balconies, canopies, and recesses.
(c)
Dormers or gables shall be provided to add architectural interest
and variety to the building and relieve the effect of a single long
roof.
(d)
Fenestration shall be architecturally compatible with the style,
materials, colors, and details of the building. Windows shall be vertically
proportioned.
(e)
All building entrances shall be defined and articulated by architectural elements such as lintels, pediments, pilasters, columns, porticos, porches, overhangs, and railings. Such architectural elements shall not be subject to the minimum setback requirements outlined in § 310-186.1B(2) of the Land Use Ordinance.
(f)
Building construction and site development should incorporate
green development practices and strategies such as those suggested
by the USGBC through the Leadership in Environmental Education (LEED)
Program or the use of Energy Star® rated
materials and/or appliances. These practices and strategies may include
reuse of existing building materials, responsible disposal or recycling
of existing building materials and use of energy efficient HVAC units.
LEED or other outside agency approval is, however, not required as
part of this strategy.
(9)
Infrastructure maintenance requirements:
A.
Principal permitted uses.
(1)
Manufacturing, processing, producing or fabricating operations,
other than ionizing and particle radiation, but excluding certain
diagnostic and analytic x-rays permitted under the performance standards
contained in this section and other operations which meet the performance
standards contained in this section, provided that all operations
and activities except parking are carried on within closed buildings
and that there is no outside storage or outside repair of materials,
equipment or use.
(2)
Scientific research and development.
(3)
Light warehousing.
(4)
Business offices.
(6)
Solar and photovoltaic energy facilities or structures.
(a)
Minimum lot area shall be 20 acres.
(b)
Solar or photovoltaic energy facilities and structures shall
not occupy any area beyond the required principal building setbacks
for the zone in which the facility is to be located and they shall
not be located within 200 feet of the boundary of a residential zone
or residential use.
(c)
No portion of solar or photovoltaic energy facilities and structures
shall occupy areas of land designated by NJ DEP as floodplains, flood
hazard areas, wetlands, wetlands transition areas or riparian corridors.
A three-hundred-foot buffer shall be maintained from NJ DEP designated
Category One waters.
(d)
No soil shall be removed from any site upon which solar or photovoltaic
energy facilities and structures are to be constructed. Within areas
containing prime farmland soils and farmland soils of statewide significance
as identified by the USDA Natural Resources Conservation Service,
there shall be no concrete footings constructed to support solar or
photovoltaic racking systems or other structures in order to more
readily enable the potential future use of these areas for active
agricultural uses. Concrete pads for inverters and similar equipment
and concrete footings for security fencing may be constructed within
areas containing these soils. Grading within prime farmland and farmlands
of statewide significance shall be limited to only that necessary
to construct access roads and for construction of equipment pads.
(e)
Solar or photovoltaic energy facilities and structures shall
be screened from the public, traveled way, preserved open space, preserved
farmland and national or state registered historic resources or from
adjoining residential uses or zones, with said screening by a combination
of berms, landscaping and fencing.
(f)
The maximum permitted vertical height above ground for solar
energy panels shall be eight feet.
(g)
All electrical wire servicing a ground-mounted solar system,
other than the wires necessary to interconnect the solar panels and
the grounding wires, shall be located underground.
(h)
The design of solar energy systems shall, to the extent reasonably
possible, use materials, colors, textures, screening and landscaping
that will blend into the natural setting and existing environment.
(i)
The installation of a solar energy system shall be in compliance
with the National Electric Code as adopted by the New Jersey Department
of Community Affairs.
(j)
Energy systems that connect to the electric utility shall comply
with the New Jersey Net Metering and Interconnection Standards for
Class I Renewable Energy Systems and as required by the electric utility
servicing the parcel.
(k)
A maintenance plan shall be submitted for the continuing maintenance
of all plantings. All ground areas occupied by the solar energy facility
or structure installation that are not utilized for access driveways
shall be planted and maintained with low-maintenance sun- and shade-tolerant
grasses for the purpose of soil stabilization. The "OVN" seed mixture
provided through the Jersey Farmers Exchange (856-769-0062) is suitable
for these purposes. It is a mixture of 40% perennial ryegrass, 30%
creeping fescue and 30% chewing fescue applied at a rate of 5 pounds
per 1,000 square feet.
(l)
A grading and drainage plan shall be submitted under the seal
of a licensed professional engineer and shall provide the details
to adequately demonstrate to the reviewing agency that no stormwater
runoff or natural water shall be so diverted as to overload the existing
drainage systems or create flooding. Calculations shall be provided
to adequately demonstrate that existing preconstruction stormwater
runoff rates shall not be exceeded in the post-development condition.
(m)
Solar energy facilities and structures shall not result in reflective
glare as viewed from second-story level (20 feet above ground) on
adjoining properties.
(n)
Site plans and zoning permit applications for solar energy systems
shall be accompanied by standard drawings of the solar panels, inverters,
substations and any other required structures. The design shall be
signed and sealed by a professional engineer, registered in the State
of New Jersey, certifying that the design complies with all of the
standards set forth in all applicable codes then in effect in the
State of New Jersey and all sections referred to hereinabove.
(o)
All photovoltaic facilities, including all solar arrays and
associated equipment, shall be dismantled and removed promptly after
180 days of nonuse. Applicant shall be required to submit for approval
a decommissioning plan at the time that the site plan application
is filed.
B.
Accessory uses.
(1)
Private garages and accessory uses customarily incidental to
the permitted principal use.
(3)
Solar or photovoltaic energy facilities or structures shall
be permitted as an accessory use, provided that the solar or photovoltaic
energy facilities are located on the same property as the principal
permitted use; secondary to the use of the property for the permitted
principal use; designed to offset part or all of the permitted principal
use's on-site energy consumption; and designed to generate not more
than 110% of power consumed on site by the permitted principal use.
Solar or photovoltaic energy facilities as an accessory use shall
comply with the following standards:
(a)
Solar panels shall be permitted as a rooftop installation, provided
that no part of the solar panel or associated equipment shall exceed
a height of 12 inches above the roof surface if installed on a sloped
roof or three feet if installed on a flat roof. In no event shall
the placement of the solar panels result in a total height, including
building and panels, more than that which is permitted in the zoning
district where the panels are located.
(b)
Solar panels shall be permitted as ground arrays in accordance
with the following:
[1]
All ground arrays shall meet the setback requirements for accessory
structures in the zone district in which the property is located.
[2]
Ground arrays shall not be permitted in a front yard.
[3]
Ground arrays shall be located so that any glare is directed
away from an adjoining property.
[4]
Ground arrays shall not exceed a height of six feet if constructed
over gravel, concrete or other impervious surface and shall not exceed
a height of eight feet if constructed over grass or other vegetative
ground cover.
[5]
If natural screening does not exist, evergreen screening shall
be planted to provide a visual buffer as necessary from the street
view or adjacent residential properties, installed a minimum height
of eight feet, with appropriate plant species and in design as required
by the approving Board. Buffer screening shall be planted in such
a manner that does not impair the functionality of the system.
(c)
All electrical wires servicing a ground-mounted solar system,
other than the wires necessary to interconnect the solar panels and
the grounding wires, shall be located underground.
(d)
The design of solar energy systems shall, to the extent reasonably
possible, use materials, colors, textures, screening and landscaping
that will blend into the natural setting and existing environment.
(e)
The installation of a solar energy system shall be in compliance
with the National Electric Code as adopted by the New Jersey Department
of Community Affairs.
(f)
Energy systems that connect to the electric utility shall comply
with the New Jersey Net Metering and Interconnection Standards for
Class I Renewable Energy Systems and as required by the electric utility
servicing the parcel.
C.
Conditional uses. The following uses shall be permitted only after review and approval by the Planning Board in accordance with the regulations governing the approval of conditional uses as set forth in Article XXIV:
A.
Principal permitted uses. The following uses shall be permitted,
for the following use categories, such as, but not limited to:
(1)
Medical uses such as medical and dental clinics and offices,
laboratories and research facilities, animal clinics and hospitals,
health clubs, hospitals and other health facilities licensed by the
State of New Jersey for the care of sick or injured human beings,
hospital pharmacies, and funeral parlors.
(2)
Business uses such as computer data processing and storage centers,
conference centers, general business and professional offices, research
facilities, banks and financial institutions.
(3)
Educational uses such as business/vocational/technical and adult
schools, executive training centers, studios for art, music, and dance,
photography, and corporate training centers.
(4)
Industrial/manufacturing uses such as warehousing, packaging
and distribution of products, printing and publishing, landscaping
facilities, automotive maintenance, including repair garages and body
shops conducted totally inside a building, distribution centers, manufacturing,
assembly of products such as electronics, solar and wind generation
components, resource recovery, food processing, composting, recycling,
limited manufacturing plants of a type which carries on processes
within completely enclosed buildings, including the manufacture, assembly,
or treatment of products from previously prepared materials, laboratories
of an experimental, research or testing nature which carry on processes
within completely enclosed buildings, contractor storage yards, auction
houses, mini warehouses/self-storage facilities.
(5)
Commercial and retail uses such as indoor recreation facilities,
including theaters, wholesale and retail sales and services stores,
including big-box retail, garden centers, restaurants, car rental
agencies, the sale of used automobiles, the sale of automobiles through
franchised new car dealers, and car washes.
(6)
Child-care centers.
(7)
Public uses such as public playgrounds, public conservation
areas, public parks, public open spaces, and public areas.
(8)
Utility uses.
B.
Solar and photovoltaic energy facilities or structures. Solar or
photovoltaic energy facilities or structures shall be permitted, subject
to the following provisions:
(1)
Minimum lot area shall be two acres.
(2)
Solar or photovoltaic energy facilities and structures shall
not occupy any area beyond the required principal building setbacks
for the zone in which the facility is to be located, and they shall
not be located within 200 feet of the boundary of a residential zone
or residential use.
(3)
No portion of solar or photovoltaic energy facilities and structures
shall occupy areas of land designated by NJ DEP as floodplains, flood
hazard areas, wetlands, wetlands transition areas or riparian corridors.
A three-hundred-foot buffer shall be maintained from NJ DEP designated
Category One waters.
(4)
No soil shall be removed from any site upon which solar or photovoltaic
energy facilities and structures are to be constructed. Within areas
containing prime farmland soils and farmland soils of statewide significance
as identified by the USDA Natural Resources Conservation Service,
there shall be no concrete footings constructed to support solar or
photovoltaic racking systems or other structures in order to more
readily enable the potential future use of these areas for active
agricultural uses. Concrete pads for inverters and similar equipment
and concrete footings for security fencing may be constructed within
areas containing these soils. Grading within prime farmland and farmlands
of statewide significance shall be limited to only that necessary
to construct access roads and for construction of equipment pads.
(5)
Solar or photovoltaic energy facilities and structures shall
be screened from the public traveled way, preserved open space, preserved
farmland and national or state registered historic resources or from
adjoining residential uses or zones, with said screening by a combination
of berms, landscaping and fencing.
(6)
The maximum permitted vertical height above ground for solar
energy panels shall be eight feet.
(7)
All electrical wire servicing a ground-mounted solar system,
other than the wires necessary to interconnect the solar panels and
the grounding wires, shall be located underground.
(8)
The design of solar energy systems shall, to the extent reasonably
possible, use materials, colors, textures, screening and landscaping
that will blend into the natural setting and existing environment.
(9)
The installation of a solar energy system shall be in compliance
with the National Electric Code as adopted by the New Jersey Department
of Community Affairs.
(10)
Energy systems that connect to the electric utility shall comply
with the New Jersey Net Metering and Interconnection Standards for
Class I Renewable Energy Systems and as required by the electric utility
servicing the parcel.
(11)
A maintenance plan shall be submitted for the continuing maintenance
of all plantings. All ground areas occupied by the solar energy facility
or structure installation that are not utilized for access driveways
shall be planted and maintained with low-maintenance sun- and shade-tolerant
grasses for the purpose of soil stabilization. The "OVN" seed mixture
provided through the Jersey Farmers Exchange (856-769-0062) is suitable
for these purposes. It is a mixture of 40% perennial ryegrass, 30%
creeping fescue and 30% chewing fescue applied at a rate of 5 pounds
per 1,000 square feet.
(12)
A grading and drainage plan shall be submitted under the seal
of a licensed professional engineer and shall provide the details
to adequately demonstrate to the reviewing agency that no stormwater
runoff or natural water shall be so diverted as to overload the existing
drainage systems or create flooding. Calculations shall be provided
to adequately demonstrate that existing preconstruction stormwater
runoff rates shall not be exceeded in the post-development condition.
(13)
Solar energy facilities and structures shall not result in reflective
glare as viewed from second-story level (20 feet above ground) on
adjoining properties.
(14)
Site plans and zoning permit applications for solar energy systems
shall be accompanied by standard drawings of the solar panels, inverters,
substations and any other required structures. The design shall be
signed and sealed by a professional engineer, registered in the State
of New Jersey, certifying that the design complies with all of the
standards set forth in all applicable codes then in effect in the
State of New Jersey and all sections referred to hereinabove.
(15)
All photovoltaic facilities, including all solar arrays and
associated equipment, shall be dismantled and removed promptly after
180 days of nonuse. Applicant shall be required to submit for approval
a decommissioning plan at the time that the site plan application
is filed.
D.
Accessory uses. Accessory uses permitted in the ED (Economic Development)
District are as follows:
(1)
Uses customarily incidental to the principal uses.
(3)
Solar or photovoltaic energy facilities or structures shall
be permitted as an accessory use, provided that the solar or photovoltaic
energy facilities are located on the same property as the principal
permitted use; secondary to the use of the property for the permitted
principal use; designed to offset part or all of the permitted principal
use's on-site energy consumption; and designed to generate not more
than 110% of power consumed on site by the permitted principal use.
Solar or photovoltaic energy facilities as an accessory use shall
comply with the following standards:
(a)
Solar panels shall be permitted as a rooftop installation, provided
that no part of the solar panel or associated equipment shall exceed
a height of 12 inches above the roof surface if installed on a sloped
roof or three feet if installed on a flat roof. In no event shall
the placement of the solar panels result in a total height, including
building and panels, than that which is permitted in the zoning district
where the panels are located.
(b)
Solar panels shall be permitted as ground arrays in accordance
with the following:
[1]
All ground arrays shall meet the setback requirements for accessory
structures in the zone district in which the property is located.
[2]
Ground arrays shall not be permitted in a front yard.
[3]
Ground arrays shall be located so that any glare is directed
away from an adjoining property.
[4]
Ground arrays shall not exceed a height of six feet if constructed
over gravel, concrete or other impervious surface and shall not exceed
a height of eight feet if constructed over grass or other vegetative
ground cover.
[5]
If natural screening does not exist, evergreen screening shall
be planted to provide a visual buffer as necessary from the street
view or adjacent residential properties, installed a minimum height
of eight feet, with appropriate plant species and in design as required
by the approving Board. Buffer screening shall be planted in such
a manner that does not impair the functionality of the system.
(c)
All electrical wires servicing a ground-mounted solar system,
other than the wires necessary to interconnect the solar panels and
the grounding wires, shall be located underground.
(d)
The design of solar energy systems shall, to the extent reasonably
possible, use materials, colors, textures, screening and landscaping
that will blend into the natural setting and existing environment.
(e)
The installation of a solar energy system shall be in compliance
with the National Electric Code as adopted by the New Jersey Department
of Community Affairs.
(f)
Energy systems that connect to the electric utility shall comply
with the New Jersey Net Metering and Interconnection Standards for
Class I Renewable Energy Systems and as required by the electric utility
servicing the parcel.
(4)
Outdoor storage may be permitted only in the rear yard areas
and not in the side or front yard area.
F.
Bulk requirements and other standards.
(1)
Minimum lot size: 40,000 square feet.
(2)
Minimum lot width: 100 feet.
(3)
Front yard: 40 feet.
(4)
Side yards: totaling 30 feet, one of which must be a minimum
of 15 feet.
(5)
Rear yard: 40 feet where abutting a residential zone and 25
feet where abutting a nonresidential zone.
(6)
Percentage of lot coverage: 80%.
(7)
Maximum height: three stories and 45 feet where abutting a residential
zone and four stories and 60 feet where abutting a nonresidential
zone.
A.
Principal permitted uses.
[Amended 10-29-2013 by Ord. No. 11-13; 12-19-2013 by Ord. No. 14-13]
(1)
Retail goods and services stores, including food, drugs, drink,
household supplies, home appliances stores, barbershops and beauty
shops, shoe shops, clothing and apparel sales;
(2)
Furniture and household appliances sales;
(3)
Professional offices and banks;
(4)
Funeral homes;
(5)
Indoor theaters;
(6)
Laundromats and dry-cleaning stores;
(7)
Printing and publishing shops;
(8)
General office uses; and
D.
Bulk requirements.
A.
Purpose and intent. The Planned Multifamily Age-Restricted Community
("PMARC") District is being created to fulfill three policy goals
of the Township:
(1)
First,
the need for age-restricted housing in the Township and the region
is a pressing concern. More than 70% of the population growth in the
region for the next 20 years is projected to occur in the group over
age 55, for which this housing is intended. New construction designed
to meet the physical needs of older citizens will enable our society
to better serve these needs, and permit the recycling of the existing
housing stock that was designed for the needs of young families to
serve that need.
(2)
Second,
the implementation of this zoning district is an integral part of
the Township's efforts to acquire and preserve large areas of open
space and important historical resources.
(3)
Third,
the implementation of the PMARC District arises from the settlement
of long-standing litigation which has been a drain on public resources
and energies which will come to a halt.
B.
Permitted uses. The following uses shall be permitted in the PMARC
District:
(1)
Residential dwelling units which may be configured as single-family
attached homes, patio houses, townhomes (including "back-to-back"
configurations), and stacked multistory buildings not exceeding four
residential levels over one additional level of parking with the provision
of elevator service. All dwellings will be subject to age and occupancy
restrictions authorized by the Federal Fair Housing Act implemented
through deed restrictions, reviewed and approved by the Planning Board
Attorney. At the time of initial occupancy by each household, one
member of the household must be at least 55 years of age or older,
and at no time may any individual under the age of 19 establish permanent
residency in the unit.
(2)
Public parks and recreation facilities.
(3)
Governmental buildings and facilities, including public and
private schools.
C.
Prohibited uses. The following uses shall not be permitted in the
PMARC District:
(1)
Family day-care homes, as permitted by N.J.S.A. 40:55D-66.5b(b).
D.
Accessory uses. The following accessory uses are permitted:
(1)
Sheds, decks, fences, walls, signs and entry features located
in a manner that is consistent with a plan approved by the Planning
Board at the time the development receives its development approvals
which authorizes specific locations or typical locations for each
dwelling type. Only the homeowners' association shall have standing
to apply for amendments to the typical design and location of such
structures. Sheds and decks shall be located no closer than 10 feet
from any rear or side property lines and may not be located in buffers
required for the tract.
(2)
Recreation facilities, structures, buildings and parks for the
use of the residents of the community. Such open space and community
facilities must be owned, operated and maintained by an association
registered with and approved by the Department of Community Affairs.
Any community building may be used to provide services and activities
primarily for the benefit and enjoyment of the residents of the community
that may include such diverse activities as medical screenings, classes
or lectures whether provided for a fee or free of charge, craft fairs
or other temporary retail uses, incidental sales of tickets for travel
or events, etc.
(3)
Utilities and related services such as transformers, pumping
stations, treatment facilities, meters, disposal fields, stormwater
management facilities, etc., necessary for the proper distribution
and monitoring of these services.
(4)
Sales and construction offices, model units and storage of materials
and equipment associated with and necessitated by the development
of the tract for the uses approved by the Planning Board in conformance
with any phasing requirements set forth by the Planning Board.
(5)
Off-street parking and loading areas consistent with New Jersey's
Residential Site Improvement Standards.
(6)
Parking area for recreational vehicles and/or boats of residents
of the community at a separate location on the site, subject to site
plan approval.
E.
Area, yard, bulk and architectural requirements. The following tract
requirements shall apply:
(1)
The following intensity and design ratios are applicable to
the entire tract and shall not be applied to any individual lot or
lots which may be created as part of the overall plan of development:
(2)
Buffers and setbacks. A buffer of a minimum width of 25 feet shall be provided along any tract boundary, except where such boundary abuts publicly owned lands or lands to be dedicated as public or private open space, in which instance the required buffer shall be not less than 10 feet in depth. In addition, no homes may be located within 100 feet of Canfield Avenue. Buffers shall be provided in accordance with § 310-158 of this chapter, except the applicant may provide that up to 10 feet of the inside of any buffer may be lawn area and/or shrubs; and where such boundary abuts publicly owned lands or lands to be dedicated as public or private open space, the entire buffer may be planted as lawn area. The buffer requirement is not to be construed in addition to the setback requirement.
(3)
Setbacks applicable to residential buildings:
(a)
For residential buildings of 2.5 stories in height or less which
front on streets from all other types of residential buildings:
(b)
For residential buildings in excess of 2.5 stories in height
from similar types of residential buildings:
(4)
Open space and recreational requirements.
(a)
Due to the connection of the PMARC to the preservation of significant
open space, there are no additional open space requirements applicable
to the tract. Recreational facilities, including sidewalks and pedestrian
pathways, small parks and gathering areas with seating, picnic areas
with graded grass areas for spontaneous activities and other recreational
amenities may be located within the open space of the development
at the discretion of the applicant and in quantities related to the
projected population of the community.
(b)
Provision for long-term maintenance of all open lands and recreational
uses must be provided in a manner satisfactory to the Planning Board.
This shall be accomplished through dedication of lands to a homeowners'
association unless the Township consents to an alternative means of
long-term maintenance such as dedication of lands to the Township
or other governmental agency if such governmental agency is willing
to accept such dedication or dedication to a nonprofit or for profit
organization experienced in the management of open areas for public
purposes.
(c)
Active recreational opportunities provided within the residential
community may be restricted against use by nonresidents of the community
if owned and maintained by a homeowners' association and shall be
accessible to residents in perpetuity.
(5)
Additional architectural requirements.
(a)
Maximum height for single-family and townhouse-style homes:
2 1/2 stories and 35 feet as measured from the finished floor
elevation of the primary entry (door) for the specific dwelling to
the midpoint of the roof between the eave and the peak or highest
point of the roof.
(b)
Maximum height for elevator-served multifamily dwellings: four
residential stories plus an additional level of parking not to exceed
60 feet as measured from the finished floor elevation at the primary
entry (door) for the structure to the midpoint between the eave and
the peak or highest point of the roof.
(c)
Mechanical equipment or other utility hardware on roofs, the
ground, or buildings shall be screened from public view with materials
harmonious with the building, or they shall be so located as not to
be visible from any public ways.
(d)
Where any residential building has a length along any plane
longer than 100 feet, there must be at least two setback changes along
the facade equal to or exceeding 1.5 feet, three setback changes along
any plane longer than 150 feet, and four setback changes along any
plane greater than 200 feet.
(e)
All setbacks are to be measured from the foundation of the principal
structure and do not include bay or other window treatments, eaves
or similar architectural adornments, nor decks which are separately
regulated as an accessory structure.
F.
Exceptions from other requirements.
(1)
Due to the significant dedication of lands intended to provide
large open space areas, recreation potential for the Township, and
preservation of historic resources, the development area of the application
is exempt from further review related to the presence or absence of
historic or cultural resources.
(2)
The development is exempt from any requirement for the provision
on on-site price-restricted dwellings (Mount Laurel housing) and any
growth share obligations, except that the development is subject to
a maximum one-percent development fee established by ordinance generally
applicable throughout the municipality and approved by the NJ Council
on Affordable Housing that is in place prior to the grant of final
approval for the development or any portion thereof.
(3)
Development on or near slopes will be subject to review for
proper slope stabilization, stormwater management concerns and compliance
with RSIS for streets and sidewalks and is not subject to further
review or limitations on disturbance as may elsewhere be required
by any other municipal ordinance.
(4)
No off-tract infrastructure requirements may be assessed or
assigned to the development for any improvements not directly related
to the provision of public water service. Any such off-site improvements
or payments in lieu thereof shall be imposed on a fair-share basis
strictly in accordance with N.J.S.A. 40:55D-42.
(5)
The applicant shall prepare a site-specific mine investigation
and remediation methodology and plan to be reviewed and approved by
the Planning Board. The application will not otherwise be subject
to any municipal ordinances governing the development of previously
mined tracts.
A.
Permitted
uses.
(1)
The following uses shall be permitted on any property designated in this section as being in the Nonprofit I Public Land Overlay Zone after issuance of a permit by the Township Zoning Officer in accordance with Subsection C hereof:
(a)
Temporary facilities, structures or buildings that are erected not
more than 14 days per month shall be permitted to be erected on the
property.
(b)
Other facilities, structures or buildings may be erected only after review and approval by the Planning Board in accordance with the regulations governing the approval of conditional uses set forth in Article XXIV and in accordance with the zoning and other regulations applicable in the underlying zone governing construction of any facility, structure or building and location of the use authorized hereunder on the site in which the Nonprofit I Public Land Overlay Zone is located.
(c)
Fund-raising events for nonprofit organizations, the Township
of Mine Hill, the Mine Hill Board of Education and organizations related
to the Township and Board of Education to include, but not be limited
to, antique shows and sales; auctions; automobile rallies; band and
musical events; barbecues; baseball clinics; baseball games; boat
shows; car shows; carnivals; circuses; clambakes; community garage
sales; corporate picnics; country-western night; craft fairs; fireworks
shows; health fairs; industrial softball leagues; lacrosse games and
leagues; model airplane and rocket races, shows and competitions;
motorcycle rallies and events; outdoor movies; pet shows; picnics,
including fish-and-chip events; soccer games, clinics, leagues and
club events; sports competition events; sportsman shows; swap meets;
tricky tray events; temporary retail uses; and sales of tickets for
travel or events. The events authorized hereby specifically exclude
flea markets, which are regulated separately.
(2)
The Nonprofit I Public Land Overlay Zone shall consist of the
following properties:
|
Block 1401
|
Lot 1
|
School
| |
|
Block 1401
|
Lot 8
|
Property off Randolph Avenue
| |
|
Block 1304
|
Lot 17
|
Firemen's Field
| |
|
Block 1304
|
Lot 13
|
Recreation Field
| |
|
Block 601
|
Lot 1
|
Beach
| |
|
Block 802
|
Lot 15
|
Mine Hill American Legion Post 391
| |
|
Block 903
|
Lot 9
|
Boy Scout Building
|
B.
Accessory uses. The following shall be authorized accessory uses
in the Nonprofit I Public Overlay Zone: recreation facilities, structures
and buildings for the use in the authorized activity. If the facility,
structure or building shall be standing more than 14 days per month,
it is subject to review and approval as detailed herein.
C.
Permits. A permit shall be required for any use authorized herein.
The permit shall be obtained from the Zoning Officer after paying
the required fee, which shall be set by Council resolution. The permit
shall be displayed in a weatherproof holder on the property.
